30 TAC §§114.322, 114.324, 114.326, 114.327, 114.329
The Texas Natural Resource Conservation Commission (commission)
withdraws the proposal to adopt new §114.322 (Control Requirements), §114.324
(Registration of Gasoline Producers and Importers), §114.326 (Recordkeeping
Requirements), §114.327 (Exemptions), and §114.329 (Affected Counties
and Compliance Dates) based on an analysis of the comments received on this
proposal. These revisions were proposed to Chapter 114 (Control of Air Pollution
from Motor Vehicles), Subchapter H (Low Emission Fuels), new Division 3 (Reformulated
Gasoline), and to the state implementation plan (SIP). The proposed new sections
were published in the December 31, 1999 issue of the
Texas Register
(24 TexReg 11933).
The commission evaluated the comments received on the proposal to implement
a state reformulated gasoline (RFG) program requiring gasoline which meets
the federal Phase II RFG standards to be implemented in the additional eight
counties making up the Dallas/Fort Worth (DFW) consolidated metropolitan statistical
area. The additional counties that were proposed to be included are: Ellis,
Henderson, Hood, Hunt, Johnson, Kaufman, Parker, and Rockwall Counties.
The commission received comments both in support of and in opposition to
the proposal. Comments supporting the proposal were generally in support of
additional controls to address air quality concerns. However, the majority
of the comments opposing the proposal were in regard to concerns over water
quality issues associated with the increased use of methyl tertiary butyl
ether (MTBE) anticipated from expanding the RFG program to additional counties.
Other opposing commenters questioned the legality of expanding the RFG program,
requested additional controls on sulfur in gasoline, questioned the timing
of the proposed implementation date, and requested that the commission adopt
statewide clean fuel regulations instead of regional controls.
The commission's decision to withdraw this proposal is due in part to the
concerns over water quality issues associated with the increased use of MTBE
anticipated from expanding the RFG program. In its September 15, 1999 report,
"Achieving Clean Air and Clean Water: The Report of the Blue Ribbon Panel
on Oxygenates in Gasoline," United States Environmental Protection Agency's
(EPA's) Blue Ribbon Panel on MTBE recognized the potential threat MTBE poses
to water quality and recommended that the oxygenate mandate for RFG be removed
and that clarification be provided on federal and state authority to regulate
and/or eliminate the use of gasoline additives including MTBE. The commission
supported the Blue Ribbon Panel's recommendations and understands that these
issues are still under discussion. The commission will continue to closely
monitor developments relating to the MTBE/oxygenate issues. Once these issues
have been resolved, the state will reevaluate the necessity for additional
gasoline control strategies in the DFW area.
The commission's decision to withdraw this proposal is also based on the
EPA's new federal low sulfur gasoline regulations, which were finalized in
December 1999, which require all gasoline, including reformulated and conventional
gasoline, to meet a 30 part per million sulfur content standard beginning
in 2004. These new federal gasoline rules will result in a low sulfur conventional
gasoline that does not have the oxygenate requirement associated with federal
RFG. In addition, since the DFW ozone nonattainment area is required to have
three years of emissions monitoring data demonstrating the area's compliance
to the national ambient air quality standard for ozone in order to support
the 2007 attainment demonstration, the implementation of the federal low sulfur
gasoline in 2004 should provide the DFW area the necessary time to allow the
results of this program to be realized through air emissions monitoring data.
Filed with the Office of
the Secretary of State on April 21, 2000.
TRD-200002855
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Effective date: April 21, 2000
For further information, please call: (512) 239-0348